10 + 2 Importer Security Filing (ISF)
In October 2006, the U.S. Congress enacted a law
requiring U.S. Customs and Border Protection (CBP) to collect additional
data elements 24 hours prior to lading on a vessel destined to the
U.S. in addition to the current manifest filing data.
The additional elements, which are to be used for
security screening, were later defined as 10 importer level elements
and 2 carrier level elements. This program has come to be known
as the "10+2" Security Filing. The security filing is only applicable
to cargo laden on board a container vessel at this time.
CBP published a final interim rule in the Federal
Register on November 25, 2008. In turn, the program will go into
effect on January 26, 2009. The publication outlined the
program in detail, including the data elements themselves, spoke
about bonding requirements of the importer and filer, and required
that the security filing be completed through the current methods
of communication with CBP, namely the customs broker Automated Broker
Interface (ABI) or the carrier Automated Manifest System (AMS) connection.
We are presently working with our software vendor to offer various
methods to simplify the filing. Most sureties have advised that
importers who presently have a continuous bond on file with CBP,
will not need an additional bond. CBP has not yet ruled on bond
requirements for importers that enter cargo under a single transaction
The largest challenge to completing the 10+2 security
filing will be: the actual collection of the data itself; meeting
the 24 hour prior to loading timeline to file; and the confidentiality
of commercial data that is required in the filing. Secure and timely
communication between the U.S. importer and the security filer is
Failure to file the 10+2 data elements in a timely
fashion can result in liquidated damages up to $5,000. The penalty
will be issued to the party causing the shipment to be sent to the
U.S. Customs is giving a 12 month compliance period, where they
will " show restraint" in enforcing compliance.
As an importer, one of the most important decisions
will be choosing who will file the 10 data elements on your behalf.
Cambell & Gardiner Inc. is in a uniquely qualified position to perform
the "10" portion of the security filing on your behalf. Cambell
& Gardiner Inc. has knowledge of your importation, your products,
and your transportation supply chain. We hold a power of attorney
to transact Customs business on your behalf, and we have a regulatory
requirement to maintain confidentiality of your data in each transaction.
Most major carriers have indicated their intent to merely file the
"2" data elements.
As a customs broker we can assist you with limiting
your liability by ensuring that the security filing and entry data
are consistent, and assist with the timely filing of information.
for submitting ISF forms or questions regarding ISF,
please contact the following: